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Crossrail Bill


Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 1 — Purposes for which certain land may be acquired

115

 
 

(1)

(2)

(3)

 
 

Area

Number of land shown on

Purpose for which land may

 
  

deposited plans

be acquired or used

 
  

8 to 33

The provision and

 
   

renewal of railway

 

5

   

systems and station

 
   

facilities for operational

 
   

purposes.

 
  

48

The provision of a

 
   

working site.

 

10

  

82, 83 and 85

The provision of a

 
   

working site.

 
  

89, 98, 99, 102, 104 to 106,

The provision and

 
  

108, 110, 113 and 116

renewal of railway

 
   

systems for operational

 

15

   

purposes.

 
  

91

The provision and

 
   

renewal of railway

 
   

systems for operational

 
   

purposes and the

 

20

   

diversion of overhead

 
   

electric cables.

 
  

93

The provision of access

 
   

for construction and

 
   

maintenance.

 

25

  

95

The diversion of

 
   

overhead electric cables

 
   

and the provision of

 
   

access.

 
  

97

The diversion of

 

30

   

overhead electric cables.

 
  

107 and 111

The provision of access

 
   

for construction.

 
 

Borough of Slough

1 to 4, 6, 9, 11, 12, 15, 16,

The provision and

 
  

22, 24, 44, 144, 157, 158,

renewal of railway

 

35

  

160, 164, 167, 186, 201,

systems and station

 
  

215, 220 to 224, 227 to 229,

facilities for operational

 
  

231 to 236, 238, 239 and

purposes.

 
  

243

  
  

5

The provision of access

 

40

   

and a working site.

 
  

7, 8 and 10

The provision of a

 
   

working site.

 
 

 

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 1 — Purposes for which certain land may be acquired

116

 
 

(1)

(2)

(3)

 
 

Area

Number of land shown on

Purpose for which land may

 
  

deposited plans

be acquired or used

 
  

13

The provision of a

 
   

working site.

 

5

  

18, 19, 21, 26 and 27

The provision of access

 
   

and provision of a

 
   

working site.

 
  

31 and 36

The provision of a

 
   

working site.

 

10

  

38

The provision of a

 
   

working site and the

 
   

diversion of public

 
   

utilities’ apparatus.

 
  

49, 51, 52, 54, 55, 58 and 61

The provision of access

 

15

  

to 63

and a working site.

 
  

77 and 78

The provision of access

 
   

for construction.

 
  

90 and 95

The provision of a

 
   

working site.

 

20

  

138 and 141

The provision of a

 
   

working site.

 
  

143, 145, 149, 154, 156 and

The provision of a

 
  

159

working site.

 
  

161, 163, 165, 166, 170 and

The provision of a

 

25

  

171

working site.

 
  

216

The provision of a

 
   

working site.

 
  

225, 226, 230, 237, 240 to

The provision of access

 
  

251a and 259a

and a working site.

 

30

  

251, 252 and 259

The provision of a

 
   

working site and

 
   

protective works to high

 
   

pressure gas and oil

 
   

pipelines and other

 

35

   

public utilities’

 
   

apparatus.

 
 

 

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 1 — Purposes for which certain land may be acquired

117

 
 

(1)

(2)

(3)

 
 

Area

Number of land shown on

Purpose for which land may

 
  

deposited plans

be acquired or used

 
  

252a

The provision of

 
   

protective works to high

 

5

   

pressure gas and oil

 
   

pipelines and other

 
   

public utilities’

 
   

apparatus.

 
 

London Borough of

2

The provision of access

 

10

 

Hillingdon

 

for construction.

 
  

88

The diversion of public

 
   

utilities’ apparatus.

 
  

101

The diversion of public

 
   

utilities’ apparatus.

 

15

  

3 to 6, 11, 13, 14, 102, 103,

The provision and

 
  

119, 121, 124, 125 and 252

renewal of railways

 
  

to 259

systems for operational

 
   

purposes.

 
  

104 and 105

The provision and

 

20

   

renewal of railway

 
   

systems for operational

 
   

purposes and the

 
   

provision of

 
   

environmental

 

25

   

mitigation.

 
  

127, 127b, 130, 130a to 132,

The provision of a

 
  

134 and 135

working site, access for

 
   

construction and

 
   

maintenance and the

 

30

   

provision of

 
   

environmental

 
   

mitigation.

 
  

118, 120, 122, 123, 126 and

The provision of a

 
  

136

working site and access

 

35

   

for construction.

 
  

137

The provision of access

 
   

for construction.

 
  

146, 154, 157, 165, 168, 169

The provision of a

 
  

and 173

working site, access for

 

40

   

construction and the

 
   

diversion of public

 
   

utilities’ apparatus.

 
 

 

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 1 — Purposes for which certain land may be acquired

118

 
 

(1)

(2)

(3)

 
 

Area

Number of land shown on

Purpose for which land may

 
  

deposited plans

be acquired or used

 
  

155, 159, 161, 162, 163,

The provision of a

 
  

166, 174, 175, 176, 181, 182

working site and the

 

5

  

and 188

provision of

 
   

environmental

 
   

mitigation.

 
  

190 and 192

The provision of a

 
   

working site.

 

10

  

198a and 211a

The provision of access

 
   

for construction.

 
  

200, 213 and 245

The provision of a

 
   

working site.

 
  

326 to 330

The provision of access

 

15

   

and the provision of

 
   

railway systems for

 
   

operational purposes.

 
 

London Borough of Ealing

1 to 8, 10 to 26, 27, 30 to

The provision and

 
  

32, 34, 36 to 57, 59 to 61,

renewal of railway

 

20

  

63, 67, 69, 71, 72, 84 to 86,

systems and station

 
  

94 to 110, 112 to 124, 126

facilities for operational

 
  

to 143 and 188 to 200

purposes.

 
  

28, 29 and 33

The provision of a

 
   

working site and access

 

25

   

for construction.

 
  

35

The provision of a

 
   

working site.

 
  

58

The provision of a

 
   

working site and access

 

30

   

for construction.

 
  

64, 65, 66 and 68

The provision of a

 
   

working site and access

 
   

for construction.

 
  

70

The provision of a

 

35

   

working site.

 
  

94 to 110

The provision and

 
   

renewal of railway

 
   

systems for operational

 
   

purposes.

 

40

  

145 and 146

The provision of a

 
   

working site and access

 
   

for construction.

 
 

 

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 2 — Application of legislation relating to compulsory purchase

119

 
 

(1)

(2)

(3)

 
 

Area

Number of land shown on

Purpose for which land may

 
  

deposited plans

be acquired or used

 
  

154 and 156

The provision of a

 
   

working site and the

 

5

   

diversion of public

 
   

utilities’ apparatus.

 
  

194a, 199a and 200a

The provision and

 
   

renewal of railway

 
   

systems and depot

 

10

   

facilities for operational

 
   

purposes.

 
 

Part 2

Application of legislation relating to compulsory purchase

Lands Clauses Consolidation Act 1845

15

1          

The Lands Clauses Consolidation Act 1845 (c. 18) shall not apply to the

acquisition of land under section 6(1) above.

Compulsory Purchase Act 1965

2          

Part 1 of the Compulsory Purchase Act 1965 (c. 56), so far as not inconsistent

with this Act, shall apply to an acquisition of land under section 6(1) as it

20

applies to a compulsory purchase to which Schedule 1 to the Acquisition of

Land Act 1981 (c. 67) applies and as if this Act were a compulsory purchase

order under that Act.

3     (1)  

In its application by virtue of paragraph 2, the Compulsory Purchase Act

1965 shall have effect with the following modifications.

25

      (2)  

Section 4 (time for exercise of powers of compulsory purchase) shall be

omitted.

      (3)  

Section 11(1) (power to enter on and take possession of land the subject of a

notice to treat after giving not less than 14 days’ notice) shall have effect—

(a)   

in a case where the notice to treat relates only to the acquisition of

30

subsoil or under-surface of land or an easement or other right over

land, with the substitution for “fourteen days” of “one month’s”, and

(b)   

in any other case, with the substitution for “fourteen days” of “three

months’”.

      (4)  

In section 22(2) (expiry of time limit for exercise of power of compulsory

35

acquisition not to affect acquisition of interests omitted from purchase), for

“section 4 of this Act” there shall be substituted “section 6(6) of the Crossrail

Act 2008”.

      (5)  

In Schedule 3 (alternative procedures for obtaining right of entry),

paragraph 3(3) (requirement as to sureties in relation to bond for

40

compensation) shall be omitted.

 

 

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 3 — Supplementary provisions

120

 

Compulsory Purchase (Vesting Declarations) Act 1981

4          

The Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66) shall

apply as if this Act were a compulsory purchase order.

5     (1)  

In its application by virtue of paragraph 4, the Compulsory Purchase

(Vesting Declarations) Act 1981 shall have effect with the following

5

modifications.

      (2)  

In section 3 (preliminary notices) for subsection (1) there shall be

substituted—

“(1)   

Before making a declaration under section 4 below with respect to

any land which is subject to a compulsory purchase order the

10

acquiring authority shall include the particulars specified in

subsection (3) below in a notice which is—

(a)   

given to every person with a relevant interest in the land with

respect to which the declaration is to be made (other than a

mortgagee who is not in possession), and

15

(b)   

published in the London Gazette.”

      (3)  

In that section, in subsection (2), for “(1)(b)” there shall be substituted “(1)”.

      (4)  

In that section, subsections (5) and (6) shall be omitted and at the end there

shall be inserted—

“(7)   

For the purposes of this section, a person has a relevant interest in

20

land if—

(a)   

he is for the time being entitled to dispose of the fee simple of

the land, whether in possession or reversion, or

(b)   

he holds, or is entitled to the rents and profits of, the land

under a lease or agreement, the unexpired term of which

25

exceeds one month.”

      (5)  

In section 5 (earliest date for execution of declaration)—

(a)   

in subsection (1), after “publication” there shall be inserted “in the

London Gazette”, and

(b)   

subsection (2) shall be omitted.

30

      (6)  

References to the Compulsory Purchase Act 1965 (c. 56) shall be construed

as references to that Act as applied to the acquisition of land under section

6(1).

Part 3

Supplementary provisions

35

Acquisition of new rights

6     (1)  

The power conferred by section 6(1) shall include power to create and

acquire such easements or other rights over land to which the power relates

as may be required for or in connection with the works authorised by this

Act or otherwise for or in connection with Crossrail.

40

      (2)  

Part 1 of the Compulsory Purchase Act 1965, as applied to the acquisition of

land under section 6(1), and the enactments relating to compensation for the

 

 

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 3 — Supplementary provisions

121

 

compulsory purchase of land, shall apply to a compulsory acqusition by

virtue of sub-paragraph (1)—

(a)   

with the modifications specified in paragraph 7, and

(b)   

with such other modifications as may be necessary.

7     (1)  

The modifications referred to in paragraph 6(2)(a) are as follows.

5

      (2)  

For section 7 of the Compulsory Purchase Act 1965 (c. 56) there shall be

substituted—

“7      

Measure of compensation in case of purchase of new right

In assessing the compensation to be paid by the acquiring authority

under this Act, regard shall be had, not only to the extent (if any) to

10

which the value of the land over which the right is purchased is

depreciated by the acquisition of the right, but also to the damage (if

any) to be sustained by the owner of the land by reason of its

severance from other land of his, or injuriously affecting that other

land by the exercise of the powers conferred by this or the special

15

Act.”

      (3)  

In section 8 of that Act (provisions as to divided land) for subsection (1) there

shall be substituted—

“(1)   

This subsection applies where—

(a)   

a notice to treat in respect of a right over land consisting of a

20

house, building or manufactory or of a park or garden

belonging to a house (“the relevant land”) has been served on

a person under section 5 of this Act,

(b)   

in consequence of the service of the notice, a question of

disputed compensation in respect of the purchase of the right

25

would, apart from this section, fall to be determined by the

Lands Tribunal, and

(c)   

before the Lands Tribunal have determined that question, the

person on whom the notice has been served satisfies them

that the relevant conditions are met.

30

(1A)   

The relevant conditions are—

(a)   

that he has an interest which he is able and willing to sell in

the whole of the relevant land;

(b)   

where the relevant land consists of a house, building or

manufactory, that it cannot be made subject to the right

35

without material detriment to it; and

(c)   

where the relevant land consists of a park or garden

belonging to a house, that it cannot be made subject to the

right without seriously affecting the amenity or convenience

of the house.

40

(1B)   

Where subsection (1) above applies—

(a)   

the compulsory purchase order shall, in relation to the person

on whom the notice to treat has been served—

(i)   

cease to authorise the purchase of the right to which

the notice relates, and

45

(ii)   

be deemed to authorise the purchase of that person’s

interest in the whole of the relevant land including,

 

 

 
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Revised 28 November 2007